MEDIA RELEASE
ARTS LAW CENTRE OF AUSTRALIA
Privacy changes will stop “candid” style street photography
Street photographers, filmmakers, writers and painters could be liable for invasion of privacy if planned changes to privacy laws currently under review by the Australian and New South Wales Law Reform Commissions go ahead.
According to the Arts Law Centre of Australia, this could lead to the extinction of the important genre of Australian street photography and create an increased layer of bureaucracy for all artists.
As an example, Arts Law says that street and crowd scenes filmed at the St Kilda Festival for the film Kenny would be prohibited under the proposed changes.
Executive Director of Arts Law Robyn Ayres said that in their efforts to support the introduction of a right to privacy, the Commissions were suggesting the introduction of a statutory cause of action for invasion of privacy. She said that Arts Law was particularly concerned at the recommendation that a person should be liable for the invasion of the privacy of another if he or she uses that person’s name, likeness or voice without authority or consent.
“There has been almost no discussion of the effect these changes would have on artists. We believe a person’s privacy is important but further laws are unnecessary and will place inappropriate restrictions upon the making of art in public places.”
“There are existing laws that prevent artists from taking photographs, filming or making sound recordings in certain situations. There are also laws, such as defamation and passing off, that prevent the use of a person’s image if it defames the person or is misleading. Further protection is not required and will be at a big cost to Australia’s artists and to our cultural life.”
“The introduction of a right of privacy of the type suggested by the commissions is a threat to freedom of expression. It will affect photographers, filmmakers, visual artists, writers and journalists. It also means that we’ll lose art forms that document our society,” says Ms Ayres. “In the case of candid street photography, where the artistic success of the photograph may depend upon the subject being unaware the photograph is being taken, it is not possible to obtain the person’s consent before taking the photograph.
“In many other situations getting consent simply isn’t practical. For example, the film Kenny includes scenes shot at the St Kilda Festival. To get written consent from all of the people who appear in those scenes would be an administrative nightmare.”
“We are really concerned that there has been a lack of representation by artists and arts organisations in the privacy reviews by both the NSW and Australian law reform commissions. As a result, the proposals put forward by the commissions fail to take into account the affects these changes will have on the arts. We encourage people to get in touch with the commissions to voice their concerns”.
Submissions to the Commonwealth Law Reform Commissions Discussion Paper 72, Review of Australian Privacy Law, close on Friday 7 December 2007.
For further information contact:
Robyn Ayres
Executive Director
Arts Law Centre of Australia
02 9356 2566
Please Do Not Spit, 1906 Sydney: From the Ferry Album Box. Harold Cazneaux 1878-1953.
This is an example of street photography. If the planned privacy changes are introduced photographers taking photographs such as these may be liable for the invasion of privacy of the people depicted in the photograph.
About Arts Law
Arts Law was established in 1983 and is the national community legal centre for the arts. Arts Law provides legal advice, publications, education and advocacy services each year to over 2500 Australian artists and arts organisations operating across the arts and entertainment industries. For further information visit www.artslaw.com.au
